Opt-Out Agreement for Barracuda Cloud-to-Cloud Backup Implementation
This Opt-Out Agreement ("Agreement") is entered into between Client Name, detailed under the signature, hereinafter referred to as the "Client," and Oryx Align Limited, hereinafter referred to as "OryxAlign," collectively referred to as the "Parties."
WHEREAS, OryxAlign offers Cloud-to-Cloud Backup services through Barracuda Cloud-to-Cloud Backup to protect and back up data stored in Office 365; and
WHEREAS, the Client has been provided with information regarding the benefits and risks associated with the implementation of Barracuda Cloud-to-Cloud Backup;
NOW, THEREFORE, in consideration of the premises and covenants contained herein, the Parties hereby agree as follows:
Opt-Out Request
The Client hereby requests to opt-out of the implementation of Barracuda Cloud-to-Cloud Backup for Microsoft Office 365.
Acknowledgement of Risks
The Client acknowledges and understands the following risks associated with opting out of the Barracuda Cloud-to-Cloud Backup implementation:
- Data Loss: The Client acknowledges that without Barracuda Cloud-to-Cloud Backup, data stored in cloud-based services/applications may be vulnerable to data loss due to accidental deletion, data corruption, or other unforeseen circumstances.
- Recovery Limitations: The Client acknowledges that in the event of data loss or a security breach, OryxAlign may not be able to provide data recovery and restoration of services as would be available with Barracuda Cloud-to-Cloud Backup.
- Compliance and Legal Risks: The Client acknowledges that by opting out of Barracuda Cloud-to-Cloud Backup, it may expose itself to potential compliance and legal risks related to data retention, protection, and privacy regulations.
Release and Waiver
In consideration of OryxAlign’s Agreement to honour the Client's opt-out request, the Client hereby releases and discharges OryxAlign from any liability, claims, demands, actions, or causes of action arising from the Client's decision to opt-out of Barracuda Cloud-to-Cloud Backup. The Client waives any rights it may have to seek damages or remedies from OryxAlign related to data loss, security breaches, or other issues that may arise due to the absence of Barracuda Cloud-to-Cloud Backup.